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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) design drawings, etc. related to “E” taken out by the Defendant are merely those that the Defendant provided the idea of using screen products in the emission stage with respect to the waste stie recycling plant, when becoming a victim company D (hereinafter “victim company”). As such, it constitutes a major business asset of the victim company, since the victim company inputs funds and human resources, and made repeated experiments by reflecting various variables and reflecting the results of experiments, thereby making the idea available for practical use.
Even after the Defendant retired from the victim company on September 2015 and provided the said design drawings, etc., the Defendant’s attitude to file a petition on the ground of the overdue payment of wages of the victim company or the relationship between the Defendant and the victim company may be deemed a person who administers the business of the victim company. Thus, the Defendant may be deemed a person who administers the business of the victim company.
Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. The summary of the facts charged is that the Defendant is a person who worked for the victim company located in Ilyang-gu, U.S., U.S. and U.S. C from May 21, 2015 to September 1, 2015, and the victim company is a company that develops technology for recycling of waste styp.
The Defendant, while taking charge of technological development and production-related duties in the Victim Company, was engaged in the duties that may not take out or divulge design drawings, technical documents, etc. or use them for another company with respect to the waste styp recycling technology developed by the Victim Company.
Nevertheless, the defendant violated the above occupational duties and was in custody of the victim company.
E-Related design drawings;